Trump’s energy emergency order to endure the law


Trump’s energy declaration invokes a federal law giving the president broad discretion to declare emergencies and unlock special powers. — Reuters

WASHINGTON: US President Donald Trump’s declaration of a national energy emergency to boost drilling and speed up pipeline construction should withstand court challenges but will not allow oil and gas producers to skirt all environmental laws, according to legal experts.

Trump, a Republican who campaigned on a promise to “drill baby drill” has said the declaration will speed permitting and approval of energy projects to fix what he has called an inadequate and unaffordable US energy supply.

The United States is the world’s largest oil producer and the world’s largest exporter of liquefied natural gas, according to US Energy Information Administration data.

Trump’s energy declaration, among the executive orders he signed his first day in office, invokes a federal law giving the president broad discretion to declare emergencies and unlock special powers.

Legal experts say challenging the declaration itself in court would likely be futile because courts rarely question the president’s judgment in using the National Emergencies Act.

“The law doesn’t define what an emergency is, and so far no court has been willing to overturn a finding that there is an emergency,” said University of California, Berkeley Law School professor Dan Farber.

The National Emergencies Act can unlock presidential powers in 150 different statutes but has limited reach into environmental laws and regulations.

The true legal tests will likely arise in implementation of the order, which directs federal agencies to scour their books for laws and regulations that could be used to speed along approval and permitting for projects like drilling, refining and pipeline construction.

The order cites laws including the Clean Water Act, Endangered Species Act and Mammal Protection Act, which impose review and permitting requirements on energy projects.

“It could expedite energy projects but also harm water standards, endangered species protections, fill in the blank,” said Emory University School of Law professor Mark Nevitt.

“There’s a reason those emergency regulations aren’t tapped on a day-to-day basis.”

Western Environmental Law Centre executive director Erik Schlenker-Goodrich said he expects most of the legal fighting to arise over what federal agencies actually do, rather than the declaration itself.

“We anticipate that political appointees will work to implement Trump’s agenda through secretarial orders and specific agency actions, whether regulatory rollbacks, new lease sales, drilling permits, pipeline approvals, etc.

“That’s where the fight will prove most intensive,” Schlenker-Goodrich said.

The emergency declaration could be a useful tool for defending those agency decisions in court, providing a national security rationale that judges would be unlikely to question, some experts said.

The order includes a prominent role for the president’s National Security Adviser, who could sign off on reports concluding that certain rollbacks are necessary to protect vital national interests. — Reuters

Follow us on our official WhatsApp channel for breaking news alerts and key updates!

Next In Business News

Kinergy buys 45% stake in Jati Cekerawala
Perodua doubles 2025 capex to RM1.6bil
Fast-tracking HSR using private cash, not public debt
Navigating the DeepSeek disruption
YNH shareholders’ RM1.1bil wait: Will the review deliver?
China leads global functional drinks growth
India stocks outlook dims on Adani, Tata profit miss
Rate shifts ahead
Govt LLM – vision or illusion?
Trump tariffs will put the brakes on Nissan

Others Also Read